2007 Minnesota Statutes

CHAPTER 393. LOCAL SOCIAL SERVICES AGENCY

393.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

393.01 ESTABLISHMENT.
    Subdivision 1. Membership. There shall be established in each county of the state a local
social services agency which shall consist of the number of members, as hereinafter provided, to
be chosen as follows.
    Subd. 2. Selection of members, terms, vacancies. Except in counties which contain a city
of the first class and counties having a poor and hospital commission, the local social services
agency shall consist of seven members, including the board of county commissioners, to be
selected as herein provided; two members, one of whom shall be a woman, shall be appointed by
the commissioner of human services, one each year for a full term of two years, from a list of
residents, submitted by the board of county commissioners. As each term expires or a vacancy
occurs by reason of death or resignation a successor shall be appointed by the commissioner of
human services for the full term of two years or the balance of any unexpired term from a list
of one or more, not to exceed three residents submitted by the board of county commissioners.
The board of county commissioners may, by resolution adopted by a majority of the board,
determine that only three of their members shall be members of the local social services agency,
in which event the local social services agency shall consist of five members instead of seven.
When a vacancy occurs on the local social services agency by reason of the death, resignation, or
expiration of the term of office of a member of the board of county commissioners, the unexpired
term of such member shall be filled by appointment by the county commissioners. Except to fill a
vacancy the term of office of each member of the local social services agency shall commence on
the first Thursday after the first Monday in July, and continue until the expiration of the term for
which such member was appointed or until a successor is appointed and qualifies. If the board
of county commissioners shall refuse, fail, omit, or neglect to submit one or more nominees to
the commissioner of human services for appointment to the local social services agency by the
commissioner of human services, as herein provided, or to appoint the three members to the
local social services agency, as herein provided, by the time when the terms of such members
commence, or, in the event of vacancies, for a period of 30 days thereafter, the commissioner of
human services is hereby empowered to and shall forthwith appoint residents of the county to
the local social services agency. The commissioner of human services, on refusing to appoint
a nominee from the list of nominees submitted by the board of county commissioners, shall
notify the county board of such refusal. The county board shall thereupon nominate additional
nominees. Before the commissioner of human services shall fill any vacancy hereunder resulting
from the failure or refusal of the board of county commissioners of any county to act, as required
herein, the commissioner of human services shall mail 15 days' written notice to the board of
county commissioners of its intention to fill such vacancy or vacancies unless the board of county
commissioners shall act before the expiration of the 15-day period.
    Subd. 3. County board to be local social services agency in Hennepin County. In the
county of Hennepin the board of county commissioners shall be the local social services agency.
In such county the members shall be reimbursed by the county for expenses actually incurred in
the performance of their official duties under the provisions of this chapter. In such county the
county auditor shall be ex officio secretary of the board, but shall have no voice in its proceedings.
    Subd. 4.[Repealed, 1974 c 435 art 6 s 1]
    Subd. 5. St. Louis local social services agency. The local social services agency of St. Louis
County shall be appointed or elected as provided by Laws 1974, chapter 266, sections 1 to 3. The
board shall receive such compensation and shall have and exercise all the powers as provided by
Laws 1907, chapter 222, and acts amendatory thereof, in addition to any other and further powers
granted herein and shall have and perform all the additional duties referred to in section 393.07.
    Subd. 6. Hospital commission as social services agency. In any county now having a board
of poor and hospital commissioners, said board of poor and hospital commissioners shall have the
same powers and duties as the local social services agency in other counties, and shall be the local
social services agency, and shall also retain and exercise the powers and duties conferred upon
such agency by Laws 1917, chapter 187, as amended by Laws 1931, chapter 60, in counties in
which said 1917 law as amended is applicable.
    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1 two or
more counties may by resolution of their respective boards of county commissioners, agree to
combine the functions of their separate local social services agency into one local social services
agency to serve the two or more counties that enter into the agreement. Such agreement may be
for a definite term or until terminated in accordance with its terms. When two or more counties
have agreed to combine the functions of their separate local social services agency, a single
local social services agency in lieu of existing individual local social services agency shall be
established to direct the activities of the combined agency. This agency shall have the same
powers, duties and functions as an individual local social services agency. The single local social
services agency shall have representation from each of the participating counties with selection of
the members to be as follows:
(a) Each board of county commissioners entering into the agreement shall on an annual basis
select one or two of its members to serve on the single local social services agency.
(b) Each board of county commissioners entering into the agreement shall in accordance
with procedures established by the commissioner of human services, submit a list of names of
three county residents, who shall not be county commissioners, to the commissioner of human
services. The commissioner shall select one person from each county list to serve as a local social
services agency member.
(c) The composition of the agency may be determined by the boards of county commissioners
entering into the agreement providing that no less than one-third of the members are appointed
as provided in clause (b).
History: (974-11) 1937 c 343 s 1; Ex1937 c 90; 1941 c 261; 1941 c 284 s 1; 1943 c 417 s 1;
1943 c 473 s 1; 1945 c 56 s 1; 1949 c 63 s 1; 1955 c 226 s 1; 1955 c 506 s 1; 1959 c 89 s 1; 1969
c 264 s 1; Ex1971 c 31 art 19 s 1; 1973 c 380 s 15; 1973 c 650 art 21 s 27; 1973 c 781 s 1; 1974 c
266 s 4; 1974 c 328 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 31

393.02 OATH.
Each member of the local social services agency, other than those holding some other public
office for which they have qualified, shall take the oath of office prescribed in section 358.05 and
file same in the office of the auditor of the county for which such member was appointed. No
person shall be qualified to act as a member of the local social services agency until such oath
has been filed.
History: (974-12) 1937 c 343 s 2; 1994 c 631 s 31

393.03 PER DIEM.
Except as provided in section 393.01, subdivisions 3 and 5, each member of the local
social services agency, except county commissioners, may receive from the state, county, or a
municipality, not to exceed $15 for each day spent in transacting the business of the agency, but
for not exceeding 50 days in any year, or an amount equivalent to any per diem paid to county
commissioners for such services pursuant to section 375.055, subdivision 1, whichever is greater;
provided that where such local social services agency also serves as the county hospital board or
as the county nursing home board, members, other than county commissioners, may be paid not
to exceed $15 for each day spent in transacting the business of the board, but for not exceeding 75
days in any year, or an amount equivalent to any per diem paid to county commissioners for such
services pursuant to section 375.055, subdivision 1, whichever is greater. This compensation is in
addition to any salary the member may receive from any other source. The county may reimburse
each member, including county commissioners, for expenses incurred in the performance of
official duties. Nothing in this section shall be construed to prohibit the payment of a per diem to
county commissioners pursuant to section 375.055, subdivision 1.
History: (974-13) 1937 c 343 s 3; 1945 c 475 s 1; 1953 c 517 s 1; 1955 c 235 s 1; 1957 c
745 s 1; 1959 c 417 s 1; 1969 c 1091 s 1; 1974 c 435 art 5 s 3; 1975 c 301 s 13; 1986 c 444;
1994 c 631 s 31

393.04 ORGANIZATION.
The local social services agency shall, by resolution, establish a date in July for an annual
meeting at which it shall organize by electing a chair, a vice-chair, and a secretary, except as
provided in section 393.01, subdivision 3, each of whom shall perform the customary duties of
office. The agency shall appoint a director and such assistants and clerical help as it may deem
necessary to perform the work of the agency. The appointment of the director shall be made in
accordance with rules to be adopted by the commissioner of human services and the director shall
be chosen upon the basis of experience, training, and general qualifications for the work. The
director's salary shall be fixed by the local social services agency, and the local social services
agency shall fix the salary of such other employees as it may hire.
The local social services agency shall require its director and such other of its employees as
it may determine, to execute and file with it a bond conditioned as are other official bonds, to
the state, with corporate sureties to be approved by it, in such amount as it may fix, not less than
$1,000, and the premium thereon shall be paid by the agency.
History: (974-14) 1937 c 343 s 4; 1939 c 432; 1941 c 284 s 2; 1959 c 576 s 1; 1974 c 435
art 5 s 4; 1979 c 186 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 31

393.05 COUNTY TO PROVIDE OFFICES.
The county shall provide suitable offices for the local social services agency and its
employees. Any expenditures for rent, purchase, or construction and maintenance of the office
may be paid from county welfare funds.
History: (974-15) 1937 c 343 s 5; 1965 c 162 s 1; 1974 c 435 art 5 s 5; 1994 c 631 s 31

393.06 SALARY AND EXPENSES.
The salaries, office, traveling, and other necessary expenses of the local social services
agency, including such amount as may be allowed in the discretion of the county board as
compensation for cashing local social services agency checks, shall be paid by the county, and
shall be subject to reimbursement out of state and federal funds as may be provided by law.
History: (974-16) 1937 c 343 s 6; 1939 c 445; 1973 c 717 s 26; 1974 c 435 art 5 s 6;
1994 c 631 s 31

393.07 POWERS AND DUTIES.
    Subdivision 1. Public child welfare program. (a) To assist in carrying out the child
protection, delinquency prevention and family assistance responsibilities of the state, the local
social services agency shall administer a program of social services and financial assistance to be
known as the public child welfare program. The public child welfare program shall be supervised
by the commissioner of human services and administered by the local social services agency in
accordance with law and with rules of the commissioner.
(b) The purpose of the public child welfare program is to assure protection for and financial
assistance to children who are confronted with social, physical, or emotional problems requiring
protection and assistance. These problems include, but are not limited to the following:
(1) mental, emotional, or physical disability;
(2) birth of a child to a mother who was not married to the child's father when the child
was conceived nor when the child was born, including but not limited to costs of prenatal care,
confinement and other care necessary for the protection of a child born to a mother who was not
married to the child's father at the time of the child's conception nor at the birth;
(3) dependency, neglect;
(4) delinquency;
(5) abuse or rejection of a child by its parents;
(6) absence of a parent or guardian able and willing to provide needed care and supervision;
(7) need of parents for assistance with child rearing problems, or in placing the child in
foster care.
(c) A local social services agency shall make the services of its public child welfare program
available as required by law, by the commissioner, or by the courts and shall cooperate with
other agencies, public or private, dealing with the problems of children and their parents as
provided in this subdivision.
(d) A local social services agency may rent, lease, or purchase property, or in any other
way approved by the commissioner, contract with individuals or agencies to provide needed
facilities for foster care of children. It may purchase services or child care from duly authorized
individuals, agencies or institutions when in its judgment the needs of a child or the child's family
can best be met in this way.
    Subd. 1a.[Repealed, 1979 c 256 s 3]
    Subd. 2. Administration of public welfare. The local social services agency, subject to the
supervision of the commissioner of human services, shall administer all forms of public welfare,
both for children and adults, responsibility for which now or hereafter may be imposed on the
commissioner of human services by law, including general assistance, aid to dependent children,
county supplementation, if any, or state aid to recipients of supplemental security income for aged,
blind and disabled, child welfare services, mental health services, and other public assistance or
public welfare services, provided that the local social services agency shall not employ public
health nursing or home health service personnel other than homemaker-home help aides, but shall
contract for or purchase the necessary services from existing community agencies. The duties of
the local social services agency shall be performed in accordance with the standards and rules
which may be promulgated by the commissioner of human services to achieve the purposes
intended by law and in order to comply with the requirements of the federal Social Security
Act in respect to public assistance and child welfare services, so that the state may qualify for
grants-in-aid available under that act. To avoid administrative penalties under section 256.017,
the local social services agency must comply with (1) policies established by state law and (2)
instructions from the commissioner relating (i) to public assistance program policies consistent
with federal law and regulation and state law and rule and (ii) to local agency program operations.
The commissioner may enforce local social services agency compliance with the instructions, and
may delay, withhold, or deny payment of all or part of the state and federal share of benefits and
federal administrative reimbursement, according to the provisions under section 256.017. The
local social services agency shall supervise wards of the commissioner and, when so designated,
act as agent of the commissioner of human services in the placement of the commissioner's wards
in adoptive homes or in other foster care facilities. The local social services agency shall cooperate
as needed when the commissioner contracts with a licensed child placement agency for adoption
services for a child under the commissioner's guardianship. The local social services agency
may contract with a bank or other financial institution to provide services associated with the
processing of public assistance checks and pay a service fee for these services, provided the fee
charged does not exceed the fee charged to other customers of the institution for similar services.
    Subd. 3. Federal Social Security. The local social services agency shall be charged with
the duties of administration of all forms of public assistance and public child welfare or other
programs within the purview of the federal Social Security Act, other than public health nursing
and home health services, and which now are, or hereafter may be, imposed on the commissioner
of human services by law, of both children and adults. The duties of such local social services
agency shall be performed in accordance with the standards and rules which may be promulgated
by the commissioner of human services in order to achieve the purposes of the law and to comply
with the requirements of the federal Social Security Act needed to qualify the state to obtain
grants-in-aid available under that act. Notwithstanding the provisions of any other law to the
contrary, the welfare board shall delegate to the director the authority to determine eligibility and
disburse funds without first securing board action, provided that the director shall present to the
board, at the next scheduled meeting, any such action taken for ratification by the board.
    Subd. 4. Rules. The commissioner of human services shall be the authority to adopt and
enforce rules concerning the use and publication of lists of public assistance recipients and
governing the custody, use, and preservation of public assistance, mental health or child welfare
records, files, and communications. The commissioner of human services shall adopt such rules
as may be necessary to comply with the requirements of the federal Social Security Act; but in
any event shall provide for the annual publication of a summary financial statement giving total
expenditures for each of the several programs of public assistance; and shall make all finance
records available for such examinations and audits as are required by law. No use or publication
of the lists, records, files, and communications herein referred to shall be made until such rules are
adopted, and then only in the manner and form therein provided. All other laws, or parts of laws,
now in effect inconsistent with the provisions of this chapter are hereby repealed, superseded,
modified, or amended so far as necessary to conform to and give full force and effect to the
provisions of this chapter. The provisions of this chapter will not be construed to apply to poor
relief or direct relief given solely in behalf of adult persons.
    Subd. 5. Compliance with Social Security Act; merit system. The commissioner of
human services shall have authority to require such methods of administration as are necessary
for compliance with requirements of the federal Social Security Act, as amended, and for the
proper and efficient operation of all welfare programs. This authority to require methods of
administration includes methods relating to the establishment and maintenance of personnel
standards on a merit basis as concerns all employees of local social services agencies except those
employed in an institution, sanitarium, or hospital. The commissioner of human services shall
exercise no authority with respect to the selection, tenure of office, and compensation of any
individual employed in accordance with such methods. The adoption of methods relating to the
establishment and maintenance of personnel standards on a merit basis of all such employees of
the local social services agencies and the examination thereof, and the administration thereof shall
be directed and controlled exclusively by the commissioner of human services.
Notwithstanding the provisions of any other law to the contrary, every employee of every
local social services agency who occupies a position which requires as prerequisite to eligibility
therefor graduation from an accredited four year college or a certificate of registration as a
registered nurse under section 148.231, must be employed in such position under the merit system
established under authority of this subdivision. Every such employee now employed by a local
social services agency and who is not under said merit system is transferred, as of January 1,
1962, to a position of comparable classification in the merit system with the same status therein as
the employee had in the county of employment prior thereto and every such employee shall be
subject to and have the benefit of the merit system, including seniority within the local social
services agency, as though the employee had served thereunder from the date of entry into the
service of the local social services agency.
    Subd. 6. Purchase of equipment to aid welfare recipients. Every local social services
agency authorizing braces, crutches, trusses, wheel chairs and hearing aids for use by recipients of
supplemental security income for the aged, blind and disabled, the Minnesota family investment
program and relief shall secure such devices at the lowest cost obtainable conducive to the well
being of the recipient and fix the recipient's grant in an amount to cover the cost of the device
providing it will be purchased at the lowest cost obtainable, or may make payment for the device
directly to the vendor.
    Subd. 7. Volunteer programs. In accordance with procedures established by the
commissioner of human services, the local social services agencies may establish volunteer
service programs. Persons who participate in these programs may be reimbursed for expenses
incurred in performing assigned duties. For purposes of this section, a volunteer worker shall
not receive compensation for services rendered but shall be entitled to workers' compensation
coverage as provided for in section 176.011, subdivision 9.
    Subd. 8. Citizens advisory committee. In accordance with procedures established by the
commissioner of human services, local social services agencies may appoint citizen advisory
committees to consult with the agency on any of the programs or services administered by
the agency. Within the limits of the appropriation provided, the agency may authorize the
reimbursement of committee members for expenses incurred in the performance of their duties.
    Subd. 9. Power to compel child support payments. When directed by a judge of district
court or when a person under court order is in default in making child support payments to
another person who has custody of the children for whom such payments have been ordered, the
local social services agency shall take such steps as may be necessary to compel the person in
default on such payments to make them; to take such steps as may be necessary to compel such
persons to make reimbursement to comply with the order of court when in default; and to institute,
if necessary, contempt proceedings on behalf of such person or persons to whom money or
property is ordered to be paid or delivered. It shall be the duty of the county attorney to conduct
such contempt proceedings when directed by a judge of the district court or when requested by
the local social services agency. The county attorney in such contempt proceedings or upon a
separate motion supported by order to show cause and affidavits may move the court that any
defaults or delinquent payments under such order of support be reduced to a judgment against
the defaulting party, and where the local social services agency or any other public agency has
advanced and expended funds to supply the unmet needs of such children because of such default
by failure to pay the court order, such local social services agency or other public agency shall be
subrogated and may recover under such judgment to the extent that public funds were expended
for the care and support of such children. The additional cost incurred by the county attorney to
bring contempt actions under this subdivision shall be paid from the moneys collected in such
actions in whatever manner and amount approved by a judge of the district court.
    Subd. 9a. Administrative penalties. (a) The public authority, as defined in section 518A.26,
subdivision 18, may sanction an employer or payor of funds $25 per day, up to $500 per incident,
for failing to comply with section 518A.46, subdivision 5, paragraph (a), clauses (5) and (8), if:
(1) the public authority mails the employer or payor of funds by certified mail a notice of an
administrative sanction, at the employer's or payor's of funds last known address, which includes
the date the sanction will take effect, the amount of the sanction, the reason for imposing the
sanction, and the corrective action that must be taken to avoid the sanction; and
(2) the employer or payor of funds fails to correct the violation before the effective date
of the sanction.
(b) The public authority shall include with the sanction notice an additional notice of the
right to appeal the sanction and the process for making the appeal.
(c) Unless an appeal is made, the administrative determination of the sanction is final and
binding.
    Subd. 10. Food stamp program; Maternal and Child Nutrition Act. (a) The local social
services agency shall establish and administer the food stamp program according to rules of
the commissioner of human services, the supervision of the commissioner as specified in
section 256.01, and all federal laws and regulations. The commissioner of human services shall
monitor food stamp program delivery on an ongoing basis to ensure that each county complies
with federal laws and regulations. Program requirements to be monitored include, but are not
limited to, number of applications, number of approvals, number of cases pending, length of
time required to process each application and deliver benefits, number of applicants eligible for
expedited issuance, length of time required to process and deliver expedited issuance, number
of terminations and reasons for terminations, client profiles by age, household composition and
income level and sources, and the use of phone certification and home visits. The commissioner
shall determine the county-by-county and statewide participation rate.
(b) On July 1 of each year, the commissioner of human services shall determine a statewide
and county-by-county food stamp program participation rate. The commissioner may designate a
different agency to administer the food stamp program in a county if the agency administering the
program fails to increase the food stamp program participation rate among families or eligible
individuals, or comply with all federal laws and regulations governing the food stamp program.
The commissioner shall review agency performance annually to determine compliance with
this paragraph.
(c) A person who commits any of the following acts has violated section 256.98 or 609.821,
or both, and is subject to both the criminal and civil penalties provided under those sections:
(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a willful
statement or misrepresentation, or intentional concealment of a material fact, food stamps or
vouchers issued according to sections 145.891 to 145.897 to which the person is not entitled
or in an amount greater than that to which that person is entitled or which specify nutritional
supplements to which that person is not entitled; or
(2) presents or causes to be presented, coupons or vouchers issued according to sections
145.891 to 145.897 for payment or redemption knowing them to have been received, transferred
or used in a manner contrary to existing state or federal law; or
(3) willfully uses, possesses, or transfers food stamp coupons, authorization to purchase
cards or vouchers issued according to sections 145.891 to 145.897 in any manner contrary to
existing state or federal law, rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to purchase cards, other assistance
transaction devices, vouchers issued according to sections 145.891 to 145.897, or any food
obtained through the redemption of vouchers issued according to sections 145.891 to 145.897 for
cash or consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may confiscate food stamps, authorization to
purchase cards, or other assistance transaction devices found in the possession of any person who
is neither a recipient of the food stamp program nor otherwise authorized to possess and use such
materials. Confiscated property shall be disposed of as the commissioner may direct and consistent
with state and federal food stamp law. The confiscated property must be retained for a period of
not less than 30 days to allow any affected person to appeal the confiscation under section 256.045.
(e) Food stamp overpayment claims which are due in whole or in part to client error shall
be established by the county agency for a period of six years from the date of any resultant
overpayment.
(f) With regard to the federal tax revenue offset program only, recovery incentives authorized
by the federal food and consumer service shall be retained at the rate of 50 percent by the state
agency and 50 percent by the certifying county agency.
(g) A peace officer, welfare fraud investigator, federal law enforcement official, or the
commissioner of health may confiscate vouchers found in the possession of any person who is
neither issued vouchers under sections 145.891 to 145.897, nor otherwise authorized to possess
and use such vouchers. Confiscated property shall be disposed of as the commissioner of health
may direct and consistent with state and federal law. The confiscated property must be retained
for a period of not less than 30 days.
(h) The commissioner of human services may seek a waiver from the United States
Department of Agriculture to allow the state to specify foods that may and may not be purchased
in Minnesota with benefits funded by the federal Food Stamp Program. The commissioner shall
consult with the members of the house of representatives and senate policy committees having
jurisdiction over food support issues in developing the waiver. The commissioner, in consultation
with the commissioners of health and education, shall develop a broad public health policy
related to improved nutrition and health status. The commissioner must seek legislative approval
prior to implementing the waiver.
    Subd. 10a. Expedited issuance of food stamps. The commissioner of human services
shall continually monitor the expedited issuance of food stamp benefits to ensure that each
county complies with federal regulations and that households eligible for expedited issuance of
food stamps are identified, processed, and certified within the time frames prescribed in federal
regulations.
County food stamp offices shall screen and issue food stamps to applicants on the day
of application. Applicants who meet the federal criteria for expedited issuance and have an
immediate need for food assistance shall receive either:
(1) a manual Authorization to Participate (ATP) card; or
(2) the immediate issuance of food stamp coupons.
The local food stamp agency shall conspicuously post in each food stamp office a notice of
the availability of and the procedure for applying for expedited issuance and verbally advise each
applicant of the availability of the expedited process.
    Subd. 11. Abortion services; policy and powers. In keeping with the public policy of
Minnesota to give preference to childbirth over abortion, Minnesota local social services agencies
shall not provide any medical assistance grant or reimbursement for any abortion not eligible for
funding pursuant to sections 256B.02, subdivision 8, and 256B.0625.
History: (974-17) 1937 c 343 s 7; 1939 c 407 s 1; 1941 c 370 s 2; 1941 c 476 s 1; 1949 c 40
s 2; 1951 c 336 s 1; 1951 c 620 s 1; 1959 c 480 s 1-4; 1961 c 334 s 1,2; 1969 c 148 s 1; 1969 c
244 s 1; 1969 c 356 s 1; 1969 c 809 s 1; 1969 c 1141 s 1; 1971 c 132 s 1; 1971 c 307 s 1; 1973 c
199 s 1; 1973 c 380 s 16; 1973 c 650 art 21 s 28; 1973 c 678 s 2,3; 1973 c 717 s 27,28; 1975 c
359 s 23; 1977 c 225 s 2; 1977 c 282 s 10; 1978 c 508 s 5; 1981 c 360 art 1 s 24; 1983 c 7 s 9;
1983 c 243 s 5 subd 9; 1984 c 654 art 5 s 58; 1984 c 655 art 1 s 63; 1985 c 248 s 70; 1Sp1985 c 9
art 2 s 92; 1986 c 404 s 11,12; 1986 c 444; 1987 c 403 art 2 s 150; 1988 c 689 art 2 s 268; 1988 c
719 art 8 s 30,31; 1991 c 292 art 5 s 73,74; 1Sp1993 c 1 art 5 s 116; art 6 s 42; 1994 c 631 s 31;
1995 c 207 art 5 s 37; art 11 s 8; 1997 c 85 art 4 s 35; art 5 s 26; 1997 c 203 art 5 s 22; 1998 c
254 art 2 s 44; 1999 c 159 s 129; 1Sp2001 c 9 art 12 s 7; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art
1 s 104; art 6 s 55,56; 2005 c 56 s 1; 2005 c 164 s 29; 1Sp2005 c 7 s 28

393.08 ESTIMATES TO COUNTY BOARD; HENNEPIN, JOINT COUNTIES VARY.
    Subdivision 1. By social services agency. As scheduled by the county board of
commissioners each year, the local social services agency, except any such board referred to in
section 393.01, subdivision 3, shall submit to the county board of commissioners an estimate of
the amount needed by it to perform its duties, including expenses of administration, and the
county board of commissioners shall consider the estimates so submitted and, if approved, shall
levy a tax as provided by law for the purposes. In the event the estimate is not approved, the
county board of commissioners shall confer with the local social services agency and adjust a
budget in accordance with the facts and levy a tax for the amount required.
In counties referred to in section 393.01, subdivision 3, the estimate required shall not
include institutional requirements in any city of the first class located therein. The tax levy by
the county board of commissioners in such counties shall be such as is required for public
assistance, poor relief and categories of aid under the federal Social Security Act, and shall be
separate and distinct from other levies made by it. The governing body of any such city of the
first class may annually levy a tax for institutional requirements as authorized by such home rule
charter, on the real and personal property within the corporate limits of such city. Such tax levy
and the proceeds thereof shall be subject to the same control and supervision as is imposed on
any existing public welfare tax levy.
In counties referred to in section 393.01, subdivision 7, the estimate required to fund
the public welfare programs of the single local social services agency, including expense of
administration, shall be submitted to the boards of county commissioners who are parties to the
agreement. Each board of county commissioners shall consider the estimate so submitted and
shall confer with the board of county commissioners from the other counties who are a party to
the agreement in determining the amount of funds to be assessed against each county for purposes
of funding the welfare program.
    Subd. 1a. Except Ramsey County. This section does not apply to Ramsey County.
    Subd. 2.[Repealed, 1973 c 380 s 18; 1973 c 650 art 21 s 33]
History: (974-18) 1937 c 343 s 8; 1945 c 301 s 1; 1949 c 510 s 1,2; 1965 c 274 s 1; 1969
c 264 s 2; 1973 c 380 s 17; 1973 c 510 s 1; 1973 c 650 art 21 s 29; 1976 c 14; 1979 c 186
s 2; 1994 c 631 s 31

393.09 MONTHLY MEETINGS.
The local social services agency shall meet and advise with the director at least once each
month and the director shall report and be responsible to the local social services agency and
shall be directed by the agency. The director shall be charged with the administration of the
duties of the local social services agency and shall perform such additional duties as the local
social services agency may designate.
History: (974-19) 1937 c 343 s 9; 1959 c 576 s 2; 1986 c 444; 1994 c 631 s 31

393.10 MEDICAL, SURGICAL, AND HOSPITAL EXPENSES, LIEN.
    Subdivision 1. Public welfare; medical assistance lien. Any county board or any local
social services agency which as a part of its public assistance program provides, pays for or
becomes liable for medical, surgical, or hospital care shall have a lien for the cost of such care
upon any and all causes of action accruing to the person to whom such care was furnished, or
to the legal representatives of such person, on account of injuries giving rise to such causes of
action and which necessitated such medical, surgical, or hospital care, subject, however, to any
attorney's lien.
    Subd. 2. Procedure for filing. The county board or local social services agency may perfect
and enforce its lien by following the procedures set forth in sections 514.69, 514.70 and 514.71,
except that it shall have 180 days from the date when the last item of medical, surgical, or hospital
care was furnished in which to file its lien.
History: 1963 c 480 s 1,2; 1973 c 161 s 1; 1975 c 247 s 5; 1994 c 631 s 31

393.11 COUNTY ATTORNEY; EXPENSES.
    Subdivision 1. Prorated. The local social services agency of any county is authorized to
pay from welfare funds a share of the salary, clerk hire, and expenses of the county attorney or
an assistant county attorney or both, such share to be proportionate to the expenses incurred
on local social services agency matters and other county matters as determined by the county
board of commissioners.
    Subd. 2. Paternity, child support. The local social services agency or the commissioner of
human services may contract with the county attorney for the provision of legal services to the
local social services agency in paternity actions, child support enforcement and related matters as
specified in Title IV-D of the Social Security Act. The county attorney may contract as to and
perform the services and receive reimbursement therefor as determined by the commissioner.
The contract may specify that the reimbursement shall be in addition to the salary of the county
attorney as set by the county commissioners pursuant to chapter 388.
History: 1965 c 194 s 1; 1977 c 282 s 11; 1984 c 654 art 5 s 58; 1994 c 631 s 31

393.12 FEES FOR SOCIAL SERVICES.
A local social services agency may charge fees for social services furnished to a family or
individual not on public assistance. The local social services agency shall establish fee schedules
based on the recipient's ability to pay and for day care services on the recommendations of the
appropriate advisory council.
History: 1973 c 190 s 1; 1974 c 405 s 1; 1975 c 95 s 1; 1984 c 654 art 5 s 58; 1994 c 631 s
31; 1995 c 207 art 11 s 9

393.13 PRIVATE INSURANCE POLICIES.
    Subdivision 1. Subrogation. Upon providing services pursuant to section 252.27, 260B.331,
subdivision 2 , 260C.331, subdivision 2, or 393.07, subdivision 1 or 2, to any person having
private health care coverage, the county agency shall be subrogated, to the extent of the cost of
services provided, to any rights the person may have under the terms of any private health care
coverage. The right of subrogation does not attach to benefits paid or provided under private
health care coverage prior to the receipt of written notice of the exercise of subrogation rights by
the carrier issuing the health care coverage.
    Subd. 2. Sue private carrier. To recover under this section, the county attorney may institute
a civil action against the carrier of the private health care coverage.
    Subd. 3. Prorated. When any amount of money shall be recovered pursuant to this section
the county shall pay to the state an amount of the recovery substantially in the proportion in which
the state agency has contributed toward the services which were paid by the carrier issuing the
health care coverage.
    Subd. 4. Includes self-insurance plan. For the purposes of this section, private health care
coverage means any policy or plan regulated by chapter 62A, 62C, 62E, or 64B. Private health
care coverage also includes any self-insurance plan providing health care benefits.
History: 1979 c 174 s 5; 1985 c 49 s 41; 1987 c 384 art 2 s 89; 1999 c 139 art 4 s 2